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(영문) 전주지방법원 2017.03.17 2017노144
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five months of imprisonment) is too unreasonable.

2. Determination is the circumstances favorable to the Defendant, such as the fact that the Defendant committed the instant crime at the time of and against the mistake, the fact that the Defendant appears to have no profit in actual acquisition due to the instant crime, and that the Defendant’s economic situation is not good.

On the other hand, the crime of this case is a case in which the defendant transferred a passbook, physical card, etc., which is a medium access to electronic financial transactions to the name in the name of the defendant, and the quality of such crime is not weak; when transferring a medium access to electronic financial transactions, it may impair the safety performance of electronic financial transactions, and may be abused for other crimes, such as “scaming,” and thus, it is necessary to strictly punish such crime; the defendant actually committed the crime of this case without being aware of the damage caused by the use of the access medium transferred by the defendant for the crime of fraud; and the crime of this case in the event of a repeated crime such as fraud

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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